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HAYES v. RICARD

No. 237.

97 S.E.2d 105 (1957)

245 N.C. 687

Virginia Lamm HAYES and husband, J. F. Hayes, Bessie H. Lamm, Zelma Lamm Poythress and husband, T. M. Poythress, and Temple Ann Hayes, an Infant appearing herein by her Next Friend, J. W. Harrison, v. Eunice Williamson Decker RICARD and Free Will Baptist Orphanage, Incorporated.

Supreme Court of North Carolina.

March 27, 1957.

Attorney(s) appearing for the Case

Lamb, Lamb & Daughtridge, by Vernon F. Daughtridge, Jr., Wilson, Cooley & May, by Hubert E. May, Nashville, for plaintiffs, appellants.

Gardner, Connor & Lee, by Cyrus F. Lee, Wilson, for defendant Eunice Williamson Decker Ricard, appellee.

HIGGINS, Justice.

The record in this case presents for decision the question whether the evidence is sufficient to entitle the plaintiffs to go to the jury on the issues of (1) their ownership, (2) their right to possession of the lands described in Exhibit "A" attached to the complaint.

As in all actions in the nature of ejectment, the plaintiffs, in order to prevail, must show ownership and right to possession.

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